[Protest of MARAD Rejection of Bid as Nonresponsive]

B-236249: Oct 25, 1989

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A firm protested the Maritime Administration's (MARAD) rejection of its bid for towing, repairs, and cargo gear inspection, contending that: (1) its bid was responsive, since it included the standard bid form, which indicated that it would submit a cashier's check as a bid guarantee; (2) MARAD improperly disclosed its bid; (3) MARAD had advised that it could submit a bid guarantee if MARAD determined its bid was low; and (4) it was entitled to reimbursement for its bid and protest preparation costs and interest on the cashier's check for the period MARAD held it. GAO held that: (1) the protester could not furnish the cashier's check after bid opening; (2) MARAD properly publicly opened all of the bids it received; (3) the protester untimely filed its protest regarding MARAD advice about the cashier's check; and (4) there was no basis upon which to award bid and protest preparation costs or interest on the cashier's check. Accordingly, the protest was denied in part and dismissed in part.